PART 28 - National Dalit Commission

By Nepalko on April 09, 2017

There shall be a National Dalit Commission in Nepal consisting of Chairperson and four other Members.
The President shall, on the recommendation of Constitutional Council, appoint the Chairperson and members of National Dalit Commission.
The term of office for the Chairperson and Members of National Dalit Commission shall be for six year from the date of appointment.
Notwithstanding anything contained in the clause (3), the office of the Chairperson and the members of National Dalit Commission shall be vacant in the following circumstances:-

if he/she submits written resignation to the President,
If he/she is passed 65 years of age,
in case impeachment proposal filed against him/her is passed as per Article 101, or
if he/she dies.

The Chairperson and members appointed pursuant to clause (2) shall not be eligible for reappointment.
Provided that nothing in this Clause shall be deemed to be a bar to the appointment of a member of the Commission as chairperson thereof, and when a member is so appointed as the Chairperson, her/his term of office shall be computed so as to include her/his tenure as member as well.
Persons who meet following qualification shall be eligible for appointment in the posts of Chairperson and members of the National Dalit Commission:-

a person from Dalit community who has significantly contributed to Dalit welfare, human rights and in the legal field for at least ten years,
in case of the Chairperson, a person who has held at least
Bachelor‟s Degree in human rights, social justice, sociology, or law from the recognized university
who has attained the age of forty-five years,
who has not been a member of any political party immediately before the appointment,
who possesses high moral character.

The remuneration and other benefits of the Chairperson and members of the National Dalit Commission shall be as prescribed by law, and conditions and terms of remuneration and other benefits shall not be altered, so long as they hold office, to their disadvantage.
Provided that extreme economic disarray has led to the state of emergency, this provision shall not be applicable.
The person, who has served in the capacity of Chairperson or members of the National Dalit Commission, shall not be eligible for appointment in other government services.
Provided that, nothing in this clause shall be deemed to be a bar to the appointment to any position of a political nature, or to any position which has the responsibility of making investigations, inquiries or findings on any subject, or to the position which has the responsibility of submitting advice, opinions or recommendations.

To carry out research and studies regarding Dalit community of Nepal so as to identify legal and institutional reforms to be made and make a recommendation to the Government of Nepal,
To formulate national policies and programs in matters related with ending caste discrimination, untouchability, suppression and to enhance Dalit‟s status and development, and to forward a recommendation to the Government of Nepal for implementation,
To monitor, so as to ensure whether the special provisions and laws related with Dalit welfare have been implemented or not, and to forward a recommendation to the government of Nepal, in case these provisions are found not to have been implemented,
To review or monitor the Government of Nepal, so as to ensure that the Government of Nepal submits the report as a signatory to the international treaties and agreement, as provisioned by those treaties,
To monitor, review and evaluate the policies and programs implemented by the State to bring Dalit community into the mainstream of national development such as proportionate representation in all of the state agencies, and to forward a recommendation to the Government of Nepal for an effective implementation of those provisions,

The National Dalit Commission may delegate, as required, some of its powers to the Chairperson of the Commission, member, or an officer of the Government of Nepal, to be exercised in compliance with the conditions specified.
Other functions, duties and powers of the National Dalit Commission, shall be as specified by federal law.

(257) Offices may be established in province: The National Dalit Commission may establish its offices in provinces as may be necessary.